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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On November 4, 2015, the Defendant related to joint and several sureties stated that “The Defendant, who was a workplace partner in Seoul, was unable to pay back the past credit loans to the victim B, who was an interest rate, because he was too high. If he was to receive a loan from a lending company with a low interest rate, he would be up to the credit rating if he was to pay back the loans that he received in the past, and if so, he could promptly pay back the new loan, and thus, he could promptly repay the new loan.”
However, in fact, even if the defendant consumeds money from time to time with sports soil funds, and there is no special property, and even if he/she receives a new loan with a joint and several guarantee of the victim, he/she did not have the intent or ability to extinguish the joint and several guarantee debt of the victim by properly repaying the loan due to sports soil, etc
Nevertheless, on November 4, 2015, the Defendant received a loan of KRW 8 million from D office located on the 8th floor of Mapo-gu Seoul building, and received a loan of KRW 8 million from F office located on the 3rd floor of Seongdong-gu Seoul building in Seongdong-gu Seoul, and received a loan of KRW 8 million at the I office located on November 5, 2015. On the same day, the Defendant received a loan of KRW 8 million from the K office located on the 12th floor of Gangnam-gu Seoul J building, Seoul, and received a loan of KRW 8 million from the M office located on the 3rd floor of the Gangnam-gu Seoul Metropolitan Government M office to obtain a joint and several guarantee for each of the above loans, thereby making the victim obtain each benefit of property equivalent to KRW 40 million in total.
2. On the early November 2015, the Defendant related to the borrowed money, at a location in Seoul Special Metropolitan City, was aware that “The father has to perform an operation on his/her own with his/her father, so he/she has no operating expenses, and he/she has to repay the operating expenses to the victim B at an early time.
“Although the Defendant said that it was “, the Defendant is in need of an emergency operation.”